Wood v. State

Kusseli,, J.

Two assignments of error are insisted upon by the plaintiff in error: (1) that the court erred in giving in charge to the jury section 985 of the Penal Code, without qualification;, and (2) that the court erred in failing to charge that the rule applying to the distinction between positive and negative evidence does not apply when, of two parties having equal facilities for knowing a thing, one swears that it occurred and the other that it did not occur, the testimony of both witnesses, in that event, being positive evidence. In the amended motion is another ground, referring to…